Wakilii

Alinanye Micheal v Attorney General and Another [2017] UGHRC 45

Tribunal · 2017 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint before the Uganda Human Rights Commission Tribunal alleging torture during arrest
Decision
Complaint allowed; 2nd and 3rd respondents ordered to pay compensation of UGX 1,500,000 each with 10% interest per annum

Observed later treatment

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Holding

The Tribunal held that the complainant's right to freedom from torture was violated when the 2nd and 3rd respondents beat and kicked him while he was handcuffed during arrest. The acts of systematic beating, kicking, and punching constituted physical torture under the Prevention and Prohibition of Torture Act. The 2nd and 3rd respondents were found personally liable. The 1st respondent was not found liable as no evidence pinpointed their involvement. Each of the 2nd and 3rd respondents was ordered to pay UGX 1,500,000 in compensation.

Outcome

Complaint allowed; 2nd and 3rd respondents ordered to pay compensation of UGX 1,500,000 each with 10% interest per annum

Facts

On 30 December 2012, the complainant was arrested by CPL Twinomugisha Justus (3rd respondent), the Officer in Charge of Bulanga Police Post, in connection with a theft complaint lodged by Musodi James (2nd respondent). During the arrest, the 3rd respondent fired shots in the air, causing the complainant to fall. While the complainant was handcuffed and on the ground, the 3rd respondent slapped and kicked him. The 2nd respondent then punched, kicked, and beat the complainant with a stick on various parts of his body including the face, stomach, ribs, and limbs. The complainant was taken to Bulanga Police Post and later to Rakai Police Station where he was granted bond and a Police Form 3 for medical treatment. He subsequently received treatment at Rakai Hospital on 2 January 2013, where he was diagnosed with soft tissue injuries to the abdomen, right shoulder, left eye, right side of neck, and reported passing bloody urine.

Issues

  1. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated?
  2. Whether the Respondents are liable?
  3. Whether the Complainant is entitled to any remedies?

Orders

  • The Complaint is allowed.
  • The 2nd Respondent Musodi James is ordered to pay the Complainant UGX 1,500,000 for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The 3rd Respondent No. 21360 CPL Twinomugisha Justus is ordered to pay the Complainant UGX 1,500,000 for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Each sum shall attract interest at 10% per annum from the date of this decision till payment in full.
  • Each party shall bear its own costs.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Physical Torture
Systematic beating, head banging, punching, kicking, and striking with objects constitute acts of physical torture under the Prevention and Prohibition of Torture Act 3 of 2012, Second Schedule Item 1(a).
Human Rights — Torture — Personal Liability — Private Individuals
Under Section 8(1) of the Prevention and Prohibition of Torture Act 3 of 2012, a person who directly or indirectly procures, aids, or abets torture is personally liable, and ordinary persons (not only state actors) can be held liable for acts of torture.
Human Rights — Torture — Burden of Proof — Failure to Defend
Where a respondent fails to attend tribunal hearings or adduce evidence despite receipt of summons and multiple opportunities, the respondent is deemed to have voluntarily waived the right to put up a defence and shall be deemed to have admitted the allegations leveled against them.
Evidence — Burden of Proof — Human Rights Complaints — Evidential Burden
Even where there is no rebuttal because of a respondent's failure to file a defence or attend hearings, the complainant retains the evidential burden to prove allegations on a balance of probabilities under sections 101-102 of the Evidence Act Cap 6.
Human Rights — Remedies — Compensation — Assessment of Damages for Torture
In assessing compensation for violation of the right to freedom from torture, the tribunal considers that the right is absolute, the nature and extent of the torture, and the nature and extent of injuries resulting from the torture.

Legislation cited (7)

  • Prevention and Prohibition of Torture Act 3 of 2012 s.2(a)(b)
  • Prevention and Prohibition of Torture Act 3 of 2012 s.3
  • Prevention and Prohibition of Torture Act 3 of 2012 s.8(1)
  • Prevention and Prohibition of Torture Act 3 of 2012 Second Schedule Item 1(a)
  • Constitution of Uganda Article 53(2)
  • Evidence Act Cap 6 s.101-102
  • Universal Declaration of Human Rights 1948 Article 8

Cases cited (11)

  • Sheikh Abdulai Rajab & 3 Others v Sheikh Abubakar Songa Wailojo and 2 Others (HCCS No. 0028 of 2013)
  • Nsekambabye Aloysius v Attorney General (UHRC Complaint No. MBA/087/2006)
  • Byaruhanga Charles v Attorney General (UHRC Complaint No. FP/09/2007)
  • Chandia Paul v Attorney General (UHRC Complaint No. FP/37/2006)
  • Bagume John v Attorney General (UHRC Complaint No. JJA/10/2007)
  • George Asiimwe v Attorney General (HCCS No. 48 of 1997)
  • Mwambutsya Charles v Attorney General (UHRC Complaint No. MBA/053/2005)
  • Odyek Bonny v Attorney General (UHRC Complaint No. G/124/2005)
  • Laber Luwaya Michael v Attorney General & Major Anywar Augustine (UHRC Complaint No. G/068/2005)
  • Otim Jimmy Odala and Odongo Robson Odala v Attorney General & Abuka Silvano (UHRC Complaint No. G/344/2003)
  • John Buyinza Muleedu v Iganga District Local Administration (UHRC Complaint No. J/LOG. 81/2004)

Full judgment

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Alinanye Micheal v Attorney General and Another 2017 UGHRC 45 (20 November 2017)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.